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GIFT BY FATHER OUT OF JOINT FAMILY PROPERTY = whether the suit property forms reasonable part of the joint family property or not in order to consider validity of Ex.A.1- settlement deed.= a father can make a gift of ancestral immovable property within reasonable limits, keeping in view, the total extent of the property held by the family in favour of his daughter at the time of her marriage or even long after her marriage".= whether Ac.1-80 cents of the suit land is reasonable extent out of the joint family property held by Narayana Murty and the 1st defendant. Again, this is a question of fact. The Lower Appellate Court came to the conclusion that the 1st defendant has failed to show total extent of the suit property held by his joint family. = As can be seen from recitals of Ex.B.3 will, Narayana Murty got lands in Patrunivalasa Village in partition with his brothers and he also acquired some properties subsequently and he had wet lands in Ganjamettu village apart from terraced house in Patrunivalasa village. Ex.B.3 also recites that Narayana Murty possessed lands in Thandevalasa Village. But Ex.B.3 failed to give extents of lands held by Narayana Murty in each of the above villages. Having regard to the above state of evidence before the Courts below, the Lower Appellate Court rightly came to the conclusion that the suit land of Ac.1-80 cents forms reasonable part of the joint family property held by Narayana Murty and his son and ultimately upheld settlement deed covered by Ex.A.1. In the above state of evidence before this Court, this Court has no hesitation to come to the conclusion that the suit land of Ac.1-80 cents is reasonable part of joint family lands held by Narayana Murty and 1st defendant even by the date of Ex.A.1 settlement deed.

The 1st defendant who lost the suit in both the Courts below is the
Appellant.
He died after filing of the second appeal and his legal
representatives were brought on record. Mother of the plaintiffs 1 to 4 by nameLadi Venkata Narasamma is elder sister of the 1st defendant. The 2nd defendantis younger sister of Venkata Narasamma and the 1st defendant. All of them are children of Baratam Narayana Murty and the 3rd defendant.
The plaintiffs 1 to 4
filed the suit in the trial Court for possession of the plaint schedule
property, for profits both past and future in respect thereof. The plaint
schedule property consists of Ac.1-80 cents of land. The plaintiffs filed thesuit on the basis of Ex.A.1 registered settlement deed dated 27.02.1958 executed by Baratam Narayana Murty on his behalf and on behalf of his minor son - the 1st defendant in favour of the plaintiffs' mother for the suit property, after reserving life interest therein to himself. Narayana Murty died on 20.10.1989.The plaintiffs' mother Venkata Narasamma died on 28.10.1987. After death of theplaintiffs mother, the plaintiffs got issued Ex.A.2 notice dated 06.06.1988 when Narayana Murty intended to execute documents in respect of the suit land. For the said notice, Narayana Murty got issued Ex.A.3 reply dated 27.06.1988.Subsequently, Narayana Murty executed Ex.B.3 registered will dated 09.08.1988 in respect of his properties in favour of the 1st defendant. In that background,the plaintiffs filed the suit for possession of the suit property. The 1stdefendant opposed the suit on the ground that Ex.A.1 settlement is void andillegal and is not binding on him and that Late Narayana Murty executed Ex.A.1in favour of the plaintiffs' mother nominally when the plaintiffs' fatherKrishna Murty was giving trouble to Narayana Murty by way of harassing theplaintiffs' mother. It is further contended by the 1st defendant inter aliathat the suit property is part of joint family property and that the suit land is not reasonable part of the joint family property.

2. After trial, the trial Court held that the suit property is not part of joint family property and upheld Ex.A.1 settlement deed and consequently granted decree in favour of the plaintiffs. On appeal by the 1st defendant, the lowerAppellate Court came to the conclusion thatsuit property is part of the joint family property and that the suit extent forms reasonable part of the joint family property and therefore Ex.A.1 is valid in law. The lower Appellate Courtfurther held that the 1st defendant who did not question Ex.A.1 settlement deed within three years of he attaining the age of majority, is not entitled to resist the plaintiffs' claim; and confirmed decree of the trial Court.
Therefore, the 1st defendant approached this Court with this second appeal.

3. At the time of the admission of the second appeal, without framing any
substantial question of law, the second appeal was admitted. Therefore, it is
endeavour of this Court to find whether any substantial question of law arises
for determination in this second appeal. In the memorandum of grounds of the
second appeal, the appellant's counsel noted the following points as substantial
questions of law:
a) Whether, on the facts and in the circumstances of the case, the Lower Appellate Court is right in confirming the decree of the trial Court especiallywhen the Lower Appellate Court reversed the finding of the trial Court that the suit schedule property was separate property of the Appellant father and held that suit property was joint family property of the Appellant and his father?

b) Whether, on the facts and in the circumstances of the case, the Lower Appellate Court is right in decreeing the suit, as the schedule property is substantial (nearly half) part of joint family property, especially when thereis no proof that the appellants joint family has more than (4) Acres, more so, when the appellant could not be expected to establish a negative fact?c) Whether, on the facts and in the circumstances of the case, the suit is bad for non-joinder of parties especially when, under Ex.B.3 the schedule property was bequeathed to the sons of the appellants and they were not made parties to the suit?

4. In my opinion, point No.C above does not arise in this second appeal as Ex.B.3 will becomes inoperative insofar as the suit property is concerned, as it was transferred inter vivos prior to execution of the will. The questionwhether the suit property is part of joint family property or not, is one offact and finding of the lower Appellate Court is to the effect that the suitproperty is part of joint family property. The only question left out iswhether the suit property forms reasonable part of the joint family property or not in order to consider validity of Ex.A.1- settlement deed.

5. The Appellants Counsel placed reliance on R. Kuppayee Vs. Raja Gounder1 of the Supreme Court,
wherein the Supreme Court after extracting paragraphs 225,
226 and 258 of Mullas Hindu Law relating to summary on the subject,
held:"Combined reading of these paragraphs shows that the position in Hindu Law is that whereas the father has the power to gift ancestral movables within reasonable limits, he has no such power with regard to the ancestral immovable property or coparcenary property. He can, however make a gift within reasonable limits of ancestral immovable property for "pious purposes". However, the alienation must be by an act inter vivos, and not by will. This Court has extended the rule in paragraph 226 and held that the father was competent to make a gift of immovable property to a daughter, if the gift is of reasonableextent having regard to the properties held by the family".

After going through case law rendered by the Supreme Court previously the Apex
Court reiterated the legal position as follows:"On the authority of the Judgments referred to above it can safely be held that a father can make a gift of ancestral immovable property within reasonable limits, keeping in view, the total extent of the property held by the family in favour of his daughter at the time of her marriage or even long after hermarriage".

6. This is not a case where father i.e., Narayana Murty executed Ex.A.1 giftdeed by himself alone. He executed Ex.A.1 not only by himself but also asguardian of the then minor 1st defendant. This is not a case where Ex.A.1 isexecuted in respect of undivided share of father in the joint family property.Again, this is not a case where Ex.A.1 was executed in respect of any minor'sproperty. Therefore, Ex.A.1 has to be evaluated as it stands in respect of aparticular property which is described in the schedule. Unless it is part ofthe joint family property, Narayana Murty would not have included his minor son as party to the Ex.A.1.

7. The only question to be seen is whether Ac.1-80 cents of the suit land is reasonable extent out of the joint family property held by Narayana Murty and the 1st defendant. Again, this is a question of fact. The Lower Appellate Court came to the conclusion that the 1st defendant has failed to show total extent of the suit property held by his joint family. According to the 1st defendant asDW.1, his joint family possessed of only 4 Acres of land including the suit landof Ac.1-80 cents. On the other hand, one of the plaintiffs as PW.1, stated thatjoint family of Narayana Murty possessed of 15 to 20 Acres of land. There is nosupporting documentary evidence on behalf of either of the parties. The lowerAppellate Court pointed out that even in Ex.B.3 will executed by Narayana Murtyin the year 1988, he did not give list of properties held by him and his jointfamily. As can be seen from recitals of Ex.B.3 will, Narayana Murty got landsin Patrunivalasa Village in partition with his brothers and he also acquiredsome properties subsequently and he had wet lands in Ganjamettu village apartfrom terraced house in Patrunivalasa village. Ex.B.3 also recites that NarayanaMurty possessed lands in Thandevalasa Village. But Ex.B.3 failed to give extentsof lands held by Narayana Murty in each of the above villages. Having regard tothe above state of evidence before the Courts below, the Lower Appellate Courtrightly came to the conclusion that the suit land of Ac.1-80 cents formsreasonable part of the joint family property held by Narayana Murty and his sonand ultimately upheld settlement deed covered by Ex.A.1. In the above state ofevidence before this Court, this Court has no hesitation to come to theconclusion that the suit land of Ac.1-80 cents is reasonable part of jointfamily lands held by Narayana Murty and 1st defendant even by the date of Ex.A.1settlement deed.
I find no error, much less legal error committed by the lower
Appellate Court. I also find that no substantial question of law arises for
determination in this second appeal.

8. In the result, the Second Appeal is dismissed with costs.
_____________________________
SAMUDRALA GOVINDARAJULU, J.
11th March, 2013

The Hon’ble Sri Justice B.Chandra Kumar Appeal Suit No.144 of 2012 Dated 9th August, 2012Judgment: The appellant filed this appeal challenging Order, dated27-01-2012, passed by the learned Senior Civil Judge, Darsi, in CFR.No.90 of 2012, refusing to register the suit filed by him on the ground that the same is barred by limitation . The plaintiff filed the suit for specific performance basing on agreement of sale, dated 13-11-2008. As per the terms and conditions of the agreement of sale, the balance amount of Rs.4 lakhs out of the total sale price of Rs.9 lakhs was to be paid within two months from the date of expiry of the limitation of the said agreement of sale. The case of the appellant is that though he had been requesting the respondent to receive the balance sale consideration and register the sale deed in his favour, the respondent did not come forward; that therefore, he got issued a legal notice to the respondent on12-10-2011; that the respondent acknowled…

Or.18, rule 17 and sec.151 C.P.C - petition filed for reopen and examination of the executant of Ex.A1 the sale deed to fill up the lacuna in evidence pointed out at the time of arguments not maintainable =in VadirajNaggappa Vernekar (deceased by L.Rs) v. Sharad Chand Prabhakar Gogate (supra), it is held as follows: "17. It is now well settled that the power to recall any witness underOrder 18 Rule 17 CPC can be exercised by the Court either on its own motion oron an application filed by any of the parties to the suit, but as indicatedhereinabove, such power is to be invoked not to fill up the lacunae in theevidence of the witness which has already been recorded but to clear anyambiguity that may have arisen during the course of his examination. Of course,if the evidence on re-examination of a witness has a bearing on the ultimatedecision of the suit, it is always within the discretion of the Trial Court topermit recall of such a witness for re-examination-in-chief with permis…

The 1st respondent herein filed O.S.No.101 of 2011 in the Court of III
Additional District Judge, Tirupati against the appellants and respondents 2 to
5 herein, for the relief of perpetual injunction in respect of the suit schedule
property, a hotel at Srikalahasti, Chittoor District. He pleaded that the land
on which the hotel was constructed was owned by the appellants and respondents 2
and 3, and his wife by name Saroja, and all of them gave the property on lease
to M/s. Swarna Restaurant Private Limited, 4th respondent herein, under a
document …